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Kamleh v The Queen (2005) 213 ALR 97 

Facts: Defendant (D) was convicted of murder of 2 people with Z (co-offender) and appealed his conviction. Z had been tried separately and convicted of manslaughter. Neither D or Z gave evidence. The fact in issue was D’s presence in the unit (murder scene) between 1-4am. Relevant to this was Z’s presence in the unit at that time (because there was evidence establishing D & Z were together at all material times). 

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